adminDaniel Nemukuyu Senior Court Reporter
THE High Court has reserved judgment in a case in which businessman Nobert Chawira is seeking to bar the transfer of any players from CAPS United pending determination of his $55 000 claim.
Chawira claims CAPS United owes him $55 000, being a loan extended to the club in 2013, wants the court to stop the issuance of clearance certificates to the Green Machine players wishing to move to other clubs. He has since issued summons at the High Court claiming the $55 000 plus interest and part of the parties’ agreement was that he would recover his money from any transfer fees generated by the Green Machine. While, the main claim was still pending, Chawira picked up information that two players — Ronald Pfumbidzai and Gerald Phiri — had been transferred to Hobro IK Football Club in Denmark and Bidvest Wits Football Club of South Africa. “It has come to my attention that 1st respondent (CAPS United), has sold two players namely Gerald Phiri to Bidvest Wits Football Club of South Africa and Ronald Pfumbidzai to Hobro IK Football Club in Denmark, and is at the verge of obtaining clearance certificates from second respondent (Zifa) in respect of these two players, “ part of the application reads.
CAPS United, Chawira said, did not advise him of the developments despite that the club having ceded all player transfer rights to him as a way of settling the $55 000 debt. According to their agreement the debt should have been settled by February 28 2014, but despite several meetings and assurances the money had not been paid. Yesterday Justice Owen Tagu heard arguments from the parties and reserved judgment in the matter.
Harare lawyer Tinofara Hove of TK Hove and Partners represented CAPS United while Zimbodza and Mugwagwa acted for Chawira.
Hove yesterday argued that the application by Chawira was not urgent and that it must be dismissed.
He said the debt was allegedly borrowed in August 2013 and that there was nothing warranting the matter to be heard on an urgent basis. Hove also argued that the figure of $55 000 was disputed and that there was no proof that it was the correct figure owed. The court is expected to make a ruling anytime soon.
Chawira argued that he came to the rescue of CAPS United in 2013 when it was in dire need of cash. “I being a football lover and a great fan of the first respondent (CAPS) entered into an agreement in terms of which I undertook to advance the first respondent sums of money for its day-to-day operations.
“I dully channelled a total of $55 000 to the first respondent which first respondent duly acknowledged . . . ”
CAPS United, said Chawira, later wrote a letter of guarantee where it ceded its rights to any transfer earnings for local and international transfer of players until payment of the debt in full.
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